Not every dispute belongs in a courtroom. Arbitration, mediation, and structured negotiation resolve a large share of commercial disagreements in Kenya, often faster, privately, and on terms the parties help design. The skill is knowing which path a particular dispute should take. What is alternative dispute resolution? Negotiation, direct, structured discussion between the parties, often … Read more
The Kenyan court system is a ladder with a clear structure. Knowing which court handles which matter explains why a case starts where it does, and what the routes of appeal look like if it does not end there. Which courts exist, and what does each one handle? Magistrates’ courts, the workhorse of the system, … Read more
Hiring an advocate is not always possible, and some litigants choose to stand before the court themselves. Kenyan law permits that choice for individuals, and thousands of parties act in person every year, particularly in the lower courts. What self-representation demands, however, is easily underestimated. This article sets out what the law allows, what the … Read more
If you will be abroad, unwell, or simply unavailable, a power of attorney allows someone you trust to act for you. Used well, it keeps transactions moving; used carelessly, it can hand away more control than intended. The document and its registration deserve care. What types of power of attorney exist in Kenya? The Power … Read more
Banks, courts, registries, and embassies routinely ask for “sworn” or “notarised” documents, often at short notice. The two terms mean different things, and using the right one for the right occasion avoids a wasted trip. What is an affidavit? An affidavit is a written statement of facts sworn or affirmed before a person authorised to … Read more
Deal done on a handshake, is it binding in Kenya? The question arises whenever a verbal agreement sours or the terms are disputed. The law’s answer is nuanced: most oral contracts are valid, but some transactions must be in writing, and practical enforceability argues for writing in almost every commercial setting. Must contracts be in … Read more
Before most commercial disputes reach a courtroom, they pass through a demand letter. Written well, one letter can achieve what months of negotiation did not; written badly, it can concede ground or inflame a matter that was close to settlement. What does a demand letter achieve? It puts the recipient on formal notice of your … Read more
A strong claim filed too late is worth nothing. Limitation periods, the statutory windows within which court proceedings must be commenced, are among the first questions an advocate asks. This article explains the main periods, when time starts, and what expiry means. How long do you have to file a case in Kenya? Claims in … Read more
Access to legal help should not depend on wealth alone, and Kenya has several avenues for people who cannot afford an advocate. Knowing where to turn, and what each avenue actually offers, saves weeks of frustration. What options exist for legal aid in Kenya? State-supported legal aid, the Legal Aid Act 2016 provides a framework … Read more
Before money changes hands on a large commitment, a purchase of land, a loan secured on property, an investment in a regulated business, one question recurs: has the law been checked properly? A formal legal opinion is the instrument by which that check is recorded. This article explains what a legal opinion in Kenya contains … Read more
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